2017 (3) TMI 303

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rtons falling under Chapter Subheading No.4819 1010 of Central Excise Tariff Act, 1985 and availing SSI Exemption under Notification No.8/2003 as amended. As per sub-rule (2) of Rule 11 of CENVAT Credit Rules, 2004, a manufacturer who opts for exemption from whole of the duty of excise leviable on goods manufactured by him under Notification based on the value or quantity or quantity of clearances in a financial year and who has been taking CENVAT credit on inputs or input services before such option is exercised, shall be required to pay an amount equivalent to the CENVAT credit, if any, allowed to him in respect of inputs lying in stock or in process or contained in the final products lying in stock on the date when such option is exercis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... CENVAT credit wrongly availed and also to recover the CENVAT credit suo moto taken in the PLA along with penalty. The Assistant Commissioner vide Order-in-Original dated 15.9.2006 confirmed the demand of Central Excise duty considering the factual short payment amounting to Rs. 58,333/- along with interest and also imposed penalty under Rule 25 to the tune of Rs. 10,000/-. Aggrieved by the said order, the assessee filed appeal before the Commissioner (A) who dismissed the appeal of the appellant. Thereafter assessee filed appeal before CESTAT, Bangalore and the Hon ble CESTAT vide Final Order No.797/2010 dated 5.5.2010 remanded the matter to the adjudicating authority to consider the issue of time bar. Thereafter in de novo proceedings, th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Commissioner (A). 6. After considering the submissions of both the parties and perusal of the records, it is pertinent to reproduce the findings recorded by the Commissioner (A) in para 12 of the impugned order, which is reproduced herein below: "12. I have gone through the records of the case and submissions made at the time of personal hearing the appellant's main submissions was that since the show cause notice was issued after one year from date of taking credit and date of submission return, the show cause notice is clearly time barred. I find that the relevant date in this case is 20.07.2005 and not the date mentioned in the return i.e., 18.07.2005 or the date of taking credit or the date of internal audit, as claimed....